HC allowed a quashing petition challenging the maintainability of a private complaint founded on an illegal enquiry by a Revenue officer and dismissed after non-prosecution.
Proceedings in Private Complaint No.3 of 2015 quashed insofar as they relate to the petitioner/A8.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2019
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Crl.O.P.No.8062 of 2019 and Crl.M.P Nos.4148, 4149 of 2018 & 10338 of 2019
R.Sekar
... Petitioner
Vs.
Revenue Divisional Officer and Executive Magistrate, Cuddalore District.
... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in P.R.C No.3 of 2015, on the file of the Judicial Magistrate Court-II, Cuddalore District and quash the same as illegal.
For Petitioner : Mr.M.Mohamed Saifulla
For Respondent : Mr.C.Iyapparaj Additional Public Prosecutor
O R D E R
This petition has been filed seeking to quash the proceedings in P.R.C No.3 of 2015 on the file of the Judicial Magistrate Court-II, Cuddalore District.
petitioner herein, was arrayed as the 8th accused.
(1) When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case
(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined
(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry
Explanation—In this section, the expression "relative" means parents, children brothers, sisters and spouse”.
Assistant Registrar(CS V)
True Copy
Sub-Assistant Registrar
uma
To
Crl.O.P.No.8062 of 2018 Crl.M.P Nos.4148, 4149 of 2018
EV(CO) SP(24/10/2019)
2 issues framed by the court
Whether a private complaint is maintainable based on an enquiry conducted by a Revenue Divisional Officer under Section 176 Cr.P.C.
Whether a second private complaint is maintainable following the dismissal of an earlier complaint for non-prosecution under Section 300 Cr.P.C.
R.Sekar
Revenue Divisional Officer and Executive Magistrate, Cuddalore District
M.S.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
